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Supreme Court of Russia resolved the issue of downgrading the claims of an affiliated creditor

... the debtor and the tax authority against the decisions of the courts of appeal and the district, by which the claims of the creditor affiliated with the debtor were included in the register of creditors’ claims. The applicants considered that the debt ... ... debtor with the recognition of the operation as compensatory financing. The court of first instance, taking into account the affiliation of parties and their subordination to one beneficiary, satisfied the claim, included the debt in the register, having ...

Modified: 04.06.2022
Supreme Court of the Russian Federation , definition , subordination of claims , affiliation , debtor , creditor , bankruptcy
Path: РусБанкрот - СМИ

DISTRICT COURT PUT AN END TO THE CASE ON SUBORTINATION OF CREDITORS’ CLAIMS

The case on subordination of the creditor's claims within the framework of the bankruptcy process was referred to the arbitration court. The court of the first ... ... court of the first instance satisfied the application. However, the appeal court canceled the ruling, having found the fact of affiliation between the parties to the transaction. The result of consideration in the second instance was the subordination of ...

Modified: 04.26.2021
district court , subordination of claims , debtor , creditor , affiliation
Path: РусБанкрот - СМИ
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